United Kingdom domicilehabitual residencedivorce jurisdiction

Mark v Mark

[2005] UKHL 42; [2006] 1 AC 98

JurisdictionUnited Kingdom

CourtHouse of Lords

Year2006

StatusBinding authority

Key Principle

A person whose presence in the United Kingdom is unlawful (e.g. as an overstayer) may nonetheless acquire a domicile of choice here, and may also be habitually resident here, because the legality of presence is not a precondition of domicile and is, at most, only a relevant factor in the factual assessment of habitual residence.

Area of Law

General

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